Tennessee Code Annotated

Tenn. Code Ann. § 20-18-101 (2026)

Civil complaints required to be heard and determined by three-judge panel - Notice - Three-judge panel

✓ current as of May 2026

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(a) A civil action in which the complaint meets each of the following criteria must be heard and determined by a three-judge panel pursuant to this chapter:
- (1) Challenges the constitutionality of:
  - (A) A state statute, including a statute that apportions or redistricts state legislative or congressional districts;
  - (B) An executive order; or
  - (C) An administrative rule or regulation;
- (2) Includes a claim for declaratory judgment or injunctive relief; and
- (3) Is brought against the state, a state department or agency, or a state official acting in their official capacity.

(b)
- (1) When an action described in subsection (a) is filed, the person or entity filing the action shall provide notice of the complaint to the presiding judge of the judicial district, who shall notify the supreme court. The supreme court shall select two (2) trial court judges of courts of record to sit with the judge to whom the civil action was originally assigned as a three-judge panel to hear and decide the civil action.
- (2) To ensure that members of the three-judge panel are drawn from different regions of the state, the supreme court shall select one (1) judge from each grand division of the state other than the grand division in which the civil action was originally filed.
- (3) The supreme court shall designate one (1) member of the panel to serve as the chief judge.
- (4) Should any member of the three-judge panel be disqualified or otherwise unable to serve on the panel, the supreme court shall appoint as a replacement another trial court judge from the same grand division as the judge being replaced, who shall serve by interchange, as provided in Rules 10B and 11 of the Tennessee Supreme Court Rules.
- (5) In the event of a disagreement among the three (3) judges comprising the panel, the majority prevails.
- (6) The rules promulgated by the supreme court shall govern the practice and procedure of the three-judge panel including what procedural matters may be decided solely by the chief judge.

(c) The three-judge panel shall sit in the supreme court building in the grand division in which the civil action was filed, unless a location is otherwise designated by the supreme court.

Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.

Notes of Decisions

Cited in 12 cases (12 in the last 5 years), 2022–2026 · leading case: Akilah Moore v. William Lee (Tenn. 2022).

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Akilah Moore v. William Lee (Tenn. 2022). · cites it 4× “The Court fails to properly apply the abuse of discretion standard of Under Tennessee Code Annotated section 20-18-101(a)(1)(A) (2021). challenges to the constitutionality of a redistricting or apportionment plan must be heard by a three-judge panel.”

State v. King, 350 Conn. 303 (Conn. 2024). “Finally, § 20-18-101 of the Tennessee Code mandates that a three judge panel be convened to hear and determine civil actions challenging, inter alia, the constitutionality of a statute, execu- tive order, or administrative regulation.”

Akilah Moore v. William Lee (Tenn. 2022). · cites it 2× “In their amended complaint,the Plaintiffs asked the panel to declare that the Senate plan violates article II, section 3 of the Tennessee 2 Tennessee Code Annotated section 20-18-101(a) provides as follows: A civil action in which the complaint meets each of the following…”

The Metro. Gov't of Nashville & Davidson Cnty. v. Tennessee Dep't of Educ. (2024). · cites it 2× “3 Appeal as of Right; Judgment of the Chancery Court Reversed; Case Remanded 1 Pursuant to Tenn. Code Ann. § 20-18-101 , the Tennessee Supreme Court appointed a three-judge panel to preside over this case, which involves constitutional challenges.”

Shelby Cnty. v. Delinquent Taxpayers 2018 (Blight Auth. of Memphis) (Tenn. Ct. App. 2024). · cites it 2× “In addition, Blight Authority of Memphis may present any arguments pertaining to Tennessee Code Annotated section 20-18-101 on remand. IV. CONCLUSION For the aforementioned reasons, the decision of the chancery court is hereby vacated and remanded for further proceedings…”

Terry Rainwaters v. Tennessee Wildlife Resources Agency (Tenn. Ct. App. 2024). · cites it 2× “The matter was assigned to a three-judge panel under Tennessee Code Annotated section 20-18-101. In response to the parties’ cross-motions for summary judgment, the three-judge panel rejected the TWRA’s justiciability arguments, concluding that the Plaintiffs had standing and…”

Metro. Gov't of Nashville & Davidson Cnty. v. Governor Bill Le (Tenn. Ct. App. 2025). · cites it 2× “1 Pursuant to Tennessee Code Annotated § 20-18-101, the Tennessee Supreme Court appointed a three- judge panel to preside over this case.”

Metro. Gov't of Nashville & Davidson Cnty. v. Bill Lee (Tenn. Ct. App. 2025). · cites it 2× “3 See Tenn. Code Ann. § 20-18-101 . 4 The trial court’s decision as to the Exemption Clause was unanimous; Chancellor Patricia Head Moskal dissented as to the Local Legislation Clause ruling.”

Gary Wygant v. Bill Lee, Governor (Tenn. 2025). · cites it 2× “See Tenn. Code Ann. § 20-18-101 (a)(1)(A)(i) (2021).”

Thomas West v. David Gerregano, Tennessee Comm'r of Revenue (Tenn. Ct. App. 2025). · cites it 2× “”2 Appellant therefore asked that the tax be declared invalid and Appellee be barred from enforcing it against “any professionals.” A three-judge panel was appointed to decide Appellant’s constitutional challenge with the Honorable I’Ashea L.”

Mayor Lee Harris v. Governor Bill Lee (Tenn. Ct. App. 2026). · cites it 2× “Whether Tenn. Code Ann. § 20-18-101 (a) requires this action to be heard and determined by a three-judge panel.”

State v. King (Conn. 2024). “Finally, § 20-18-101 of the Tennessee Code mandates that a three judge panel be convened to hear and determine civil actions challenging, inter alia, the constitutionality of a statute, execu- tive order, or administrative regulation.”

— Tenn. Code Ann. § 20-18-101(a) — 2 cases

Akilah Moore v. William Lee (Tenn. 2022). “In their amended complaint,the Plaintiffs asked the panel to declare that the Senate plan violates article II, section 3 of the Tennessee 2 Tennessee Code Annotated section 20-18-101(a) provides as follows: A civil action in which the complaint meets each of the following…”

Metro. Gov't of Nashville & Davidson Cnty. v. Governor Bill Le (Tenn. Ct. App. 2025). “1 Pursuant to Tennessee Code Annotated § 20-18-101, the Tennessee Supreme Court appointed a three- judge panel to preside over this case.”

— Tenn. Code Ann. § 20-18-101(a)(1)(A) — 1 case

Akilah Moore v. William Lee (Tenn. 2022). “The Court fails to properly apply the abuse of discretion standard of Under Tennessee Code Annotated section 20-18-101(a)(1)(A) (2021). challenges to the constitutionality of a redistricting or apportionment plan must be heard by a three-judge panel.”

— Tenn. Code Ann. § 20-18-101(b)(1) — 1 case

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